Federal Court Decisions

Decision Information

Decision Content

Date: 20041214

Docket: T-830-03

Citation: 2004 FC 1737

BETWEEN:

                                                 RONALD ARTHUR TENEYCKE

                                                                                                                                            Applicant

                                                                         - and -

                                             ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                This application for judicial review of a decision of the Appeal Division of the National Parole Board was dismissed with costs. I issued a timetable for written disposition of the Respondent's bill of costs.


[2]                The Applicant did not file any materials in response to the Respondent's materials. My view, often expressed in comparable circumstances, is that the Federal Court Rules, 1998 do not contemplate a litigant benefiting by an assessment officer stepping away from a position of neutrality to act as the litigant's advocate in challenging given items in a bill of costs. However, the assessment officer cannot certify unlawful items, ie. those outside the authority of the judgment and the tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. The amount claimed in total in the bill of costs is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. The Respondent's amended bill of costs is assessed and allowed as presented at $2,150.14.

(Sgd.) "Charles E. Stinson"

     Assessment Officer

Vancouver, BC

December 14, 2004


                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-830-03

STYLE OF CAUSE:                          RONALD ARTHUR TENEYCKE

- and -

ATTORNEY GENERAL OF CANADA

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                     CHARLES E. STINSON

DATED:                                                                                  December 14, 2004

SOLICITORS OF RECORD:

Zipp & Company

Coquitlam, BC                                                                          for Applicant

Morris Rosenberg

Deputy Attorney General of Canada     for Respondent


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